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CC RES 2006-034RESOLUTION NO. 2006-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2006 -2007 AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the "Act), the City Council of the City of Rancho Palos Verdes desires to initiate proceedings for the levy and collection of assessments against the assessable lots and parcels of property within an existing assessment district designated "Citywide Landscaping and Lighting Maintenance District" (the "District ") for the fiscal year commencing July 1, 2006, and ending June 30, 2007, to pay for the costs and expenses of the improvements described below in Section 3 of this Resolution. Section 2. The boundaries of the District are coterminous with the boundaries of the City of Rancho Palos Verdes. Section 3. The proposed improvements are briefly described as follows: The operation, maintenance and servicing of public streets and sidewalks within the District, including the operation, maintenance and servicing of public lighting facilities, including safety lighting and traffic signals, landscaping, including trees, shrubs, grass and other ornamental vegetation, and appurtenant facilities, including irrigation systems, located along public roadways, streets and rights -of -way within the boundaries of the City. Maintenance means the furnishing of services and M, aterials for the ordinary and usual maintenance, operation and servicing of the landscaping, public lighting facilities, and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or to cover graffiti. Servicing means the furnishing of water for irrigation of the landscaping and the maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities or for the lighting or operation of landscaping or appurtenant facilities. Section. 4. Public property owned by any public agency and in use in the performance of a public function that is included within the boundaries of the District shall not be subject to assessment to be made under these proceedings to cover any costs and expenses of the improvements. Section 5. The City Council designates Harris & Associates as the engineer for the purposes of these assessment proceedings (the "Engineer "). Section 6. The City Council authorizes and directs the Engineer to prepare and to file with the City Clerk a report for the District for the fiscal year commencing July 1, 2006, and ending June 30, 2007, in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Act. Section 7. The City Council hereby declares its intent to apply $72,200 of the 1911 Act Lighting Maintenance District Fund balance to the costs and expenses of operating, maintaining and servicing traffic signals and safety lighting, resulting in a credit of $4.46 per EDU against the assessment rate for each assessable lot or parcel in the District. Such application of the fund balance is temporary and may be discontinued in any subsequent fiscal year. In such event, the net total assessment for the costs and expenses of operating, maintaining and servicing all the improvements may be restored to an amount not in excess of the fiscal year 2004 -05 level ($328,163) and the credit of $4.46 per EDU may be discontinued with the assessments apportioned to each assessable lot or parcel in the District restored to amounts not in excess of the assessment rates for fiscal year 2004 -05. The City Council hereby finds and determines that the foregoing application of the fund balance will be just and equitable and in the public interest. PASSED, APPROVED AND ADOPTED this 16th day of May 2006. ayor Attest: State of California ) County of Los Angeles )ss City of Rancho Palos Verdes ) I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2006 -34 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May 16, 2006. g NOW � A Clerk Resolution No. 2006 -34 Page 2of2